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Ord 2160 - Authorizing an Amendment to the contract between the Town Council and the Board of Administration of the California Public Employees' Retirement SystemORDINANCE 2160 ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The Town Council of the Town of Los Gatos does ordain as follows: Section 1 That an amendment to the contract between the Town Council of the Town of Los Gatos and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. Section 2 The Mayor of the Town of Los Gatos is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency Section 3 Section 2.10.710 of Article III, Division 5 of Chapter 2 of the Los Gatos Town Code is hereby amended to add the following: (d) Amendment. An amendment to the contract between the Town Council and the Board of Administration, State Public Employees' Retirement System is hereby authorized, a copy of such amendment being attached to the original of Ordinance No. 2160, marked "Exhibit A," and by such reference made part hereof as though herein set out in full. The Mayor of the Town Council is hereby authorized, empowered, and directed to execute such amendment for and on behalf of such agency. Section 4 This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Los Gatos Weekly -Times, a newspaper of general circulation, published and circulated in the Town of Los Gatos and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of May, 2008, by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor Barbara Spector NAYS: None ABSENT: ABSTAIN: ED: MAYOR OFT TOWN OF LOS GATOS LOS GATOS,//CALIFORNIA ATTEST: C OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA , A oi, CalPERS California Public Employees' Retirement System EXHIBIT MCNDMENT TO CONTRACT .Between the Board of Administration California Public Employees' Retirement System and the Town Council Town of Los Gatos The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective April 1, 1972, and witnessed March 1, 1972, and as amended effective August 2, 1972, June 1, 1976, July 1, 1976, October 1, 1976, January 4, 1990; December 16, 1992, August 6, 1997 and June 24, 2001 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective June 24, 2001, and hereby replaced by the following paragraphs numbered 1 through 15 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. Public Agency shall participate in the Public Employees' Retirement System from and after April 1, 1972 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those. -which by express provisions thereof, apply only on the election of a contracting agency- FXfIMT A 3. Employees of Public Agency in the following classes shall become members of said Ratirement System except such in each such class as are excluded by law or this agreement: a. Local Police Officers (herein referred to as local safety members); b. Employees other than local safety members (herein referred to as local miscellaneous members). 4 In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. ALL PERSONS EMPLOYED ON OR PRIOR TO CONTRACT DATE WHO WERE MEMBERS OF THE LOCAL SYSTEM EXCEPT THOSE IN EMPLOYMENT ON CONTRACT DATE WHO WANED THEIR RIGHTS UNDER THE LOCAL SYSTEM AND THOSE PERSONS WHO WAIVED THEIR RIGHTS BETWEEN MARCH 18 AND MARCH 26, 1976. 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. Assets heretofore accumulated with respect to members under the local retirement system who waived their rights under that system have been transferred to the Public Employees' Retirement System on April 1, 1972 or between March 18, and March 26, 1976 and applied against the liability for prior service incurred thereunder. That portion of assets so transferred which represent the accumulated contributions (plus interest thereof) required of the employees under said local system have been credited to the individual membership account of each such employee under the Public' Employees' Retirement System. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance will) Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to June 30, 1976, termination of Social Security for members whose service has been included in Federal Social Security t2% at age55Full and Modified). PLEASE DO NOTSIGN "E)�I-IIDIT ONLY' 8. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 of said Retirement Law, subject to the reduction provided therein for service prior to June 30, 1976, termination of Social Security, for members whose service has been included in Federal Social Security (2.5% at age 55 Full and Modified). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 10. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21536 (Local System Service Credit Included in Basic Death Benefit). Is. Sections 21524 and 21626 (Post -Retirement Survivor Allowance). C. Section 21,574 (Fourth Level of 1959 Survivor Benefits). d. Section 20042 (One -Year Final Compensation). e. Section 21024 (Military Service Credit as Public Service). 11. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on July 1, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 12. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous and local safety members of said Retirement System. 13. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 SunvIvror Benefits provided under Section 21574 of said Retirement Law (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for Suniivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as It affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one Installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 14. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 15. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequ�nt remittances. Adjustments on account of errors in contributions;66yjired of any employee may be made by direct payments betweenc ]5r employee and the Board. B. This amendment BOARD OF ADMI PUBLIC EMPLCLY effective on the day of 2ATION TOWN COUNCIL RETIREMENT SYSTEM TOWN OF LOS GATOS 8Y � a& LORhN: GARTLAND, CHIEF EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMCMUMENT "ER9 370 PE IS-UUM-702A:Rnv !M051 i� PRESIDING OFFICER VI tness Date Attest: : 10 J4 Clerk